侦查讯问中虚假认罪认罚案件的防范对策

Preventive Measures against False Admission of Guilt and Acceptance of Punishment in Interrogation

随着刑事诉讼法修正草案的公布,认罪认罚从宽制度即将得以全面施行,必将在案件繁简分流、提高司法效率等方面发挥重要作用。由于目前法律规定尚不健全,在讯问中不可避免地会出现虚假认罪认罚案件,因此,应当从完善讯问工作的具体操作性对策、扩大辩护律师在讯问阶段的参与权、加强检察机关的审查监督、设置有效的救济途径和提升讯问人员的专业素养等方面来防范讯问中出现的虚假认罪认罚案件。

With the promulgation of the draft amendment to the Criminal Procedure Law, the system of imposing lenient penalties on those who admit their guilt and accept the punishment will soon been fully implemented, and it will certainly play an important role in distinguishing complicated cases from simple ones and improving judicial efficiency. However, as the current legal provisions are not sound enough, false admission of guilt and acceptance of punishment will inevitably appear in the interrogation. In order to prevent such cases, we should improve the specific operational measures of the interrogation work, expand the defense lawyers’ participation rights in the interrogation stage, strengthen the review and supervision by procuratorial organs, set up effective relief channels, and improve the interrogators’ professional quality.